Doctrine of Separation of powers: Meaning Definitions, Essentials Elements and Objectives | Political science notes for BALLB
Introduction
Aristotle was the first person to write about separation of powers. In his book entitled “Politics”. He has described three agencies of government three agencies of government – the General Assembly, the Public Officials, and the Judiciary.• The term “separation of powers” or “trias –politica “ was initiated by Charles de Montesquieu.
• Montesquieu, a French scientist, originally proposed the doctrine of separation of powers in his book “Espirit des Louis” (The spirit of the laws) published in 1747.
Meaning
the meaning of separation of power can be categorized into three features:1) Person forming a part of on organs should not form the part of other organs.
2) One organ should not interfere with the functioning of the other organs.
3) One organ should not exercise the function belonging to another organ.
The separation of power is based on the concept of trias politica. This principle visualizes a tripartite system where the powers are delegated and distributed among three organs outlining their jurisdiction each.
Definition – It refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.
Elements of Separation of powers
Powers of a government can be categorized into three elements –1) Legislative - Enactment of making laws
2) Executive - Enforcement of that enacted laws
3) Judiciary - Interpretation of the enacted laws
Objectives
• Eliminate arbitrariness
• Misuse of powers – provides limits & boundaries • Keeps a check
• Maintains balance of power
• Causes each branch to specialize themselves
Objectives
• Eliminate arbitrariness
• Misuse of powers – provides limits & boundaries • Keeps a check
• Maintains balance of power
• Causes each branch to specialize themselves
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